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Farkas v. Farkas

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1994
201 A.D.2d 440 (N.Y. App. Div. 1994)

Opinion

February 24, 1994

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


The order is enforceable by contempt in this matrimonial action (Domestic Relations Law § 245) and contempt is also appropriate for willful non-compliance with a support order (Family Ct Act § 454; Judiciary Law § 753 [A] [8]). Nor is it necessary for plaintiff to exhaust all possible alternative collection remedies before contempt can be found where the history of the action shows that such remedies would be ineffectual (see, Bell v Bell, 181 A.D.2d 978, 979).

Defendant was properly found to be in willful disobedience of the court's support order (see, Matter of McCormick v. Axelrod, 59 N.Y.2d 574, 583). Further, the record shows that the Special Referee conducted a fair and proper hearing and did not exceed the authority granted.

Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.


Summaries of

Farkas v. Farkas

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1994
201 A.D.2d 440 (N.Y. App. Div. 1994)
Case details for

Farkas v. Farkas

Case Details

Full title:ARLENE C. FARKAS, Respondent, v. BRUCE R. FARKAS, Appellant, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 24, 1994

Citations

201 A.D.2d 440 (N.Y. App. Div. 1994)
607 N.Y.S.2d 945

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